Common Tort And Shared Responsibility Rethinking

The common infringement behavior is a kind of special infringement behavior, is opposite in alone infringement behavior but a kind of special infringement behavior of speech, it is special to be placed in "common" in it.Alone the infringement behavior is alone the infringement behavior that one person carries out, is a kind of simple and the most common infringement behavior;But common infringement behavior is two people are above common the infringement results in the others injure of behavior.Along with society economy of development, technological advance, the division of labour cooperation of the of the person and person that society need when producing more and more, also resulted in common infringement behavior occurrence the frequency increase.Our country the 130th did principle provision to common infringements, the judicatory of the Supreme People's Court explain also involved to incite, help the person's joint liability problem, but have no to common concept and composing important item of infringement do an explicit provision.Owing to this, Supreme People's Court Article 3 try to common the infringement responsibility carry on authorities define, this effort together compensates an obligation a person to undertake to the appropriate extension connect take the benefits relation of of the scope and equilibrium both parties' the party concerned of with indemnification responsibility to have importance progress meaning, but its usage is several to add to harm the behavior"combine directly" or"combine indirectly" as differentiation most add to harm a person joint liability with press a responsibility of basis, and then bring understanding to release a last new problem."Combine directly" and"combine indirectly" here actually is meaning?In times gone by there is the main standpoint of"I am subjective to say", "I am objective to say" and"compromise to say"…etc. to the essence problem of common infringement, our country will the lawmaking do how rule to this problem? Laid particular emphasis on in the behavior aspect to the research of common infringement in the past, with common infringement behavior for basic point of departure, with joint liability for end belong, but the writer saw, discuss common infringement behavior perfectly right important, but the core of with problem should be the responsibility problem which compensates an obligation a person to say the person's right problem of the indemnification right perhaps, is also a common infringement responsibility problem, it is common infringement behavior occurrence combine according to common infringement responsibility composing after requesting match composing important item should from undertake a responsibility of the party concerned undertakes behavioral result. What common infringement responsibility pay attention to isn't a behavioral performance, but behavioral result, its existence can carry out common allotment of with responsibility of the infringement behavior person's and ownership, carrying out repair and sanctions function of law, victimizing the person's legal rights to the protection, supporting fair justice, maintaining social order's etc.s to all have important meaning.Discuss completely several indemnification obligation the person undertakes to include to same damage result joint liability, press a responsibility and complement responsibility at inside of the indemnification responsibilities of various formses will contribute to designing more reasonable system to resolve a related fulfillment problem.Conduct and actions is a kind of special infringement behavior, as to it's the comprehension shouldn't limit on the level of narrow sense, so in addition to shoulding include legal common infringement behavior, the common infringement behavior of the broad sense should also include to have no intention of to think the several persons infringement behavior, together dangerous behavior of the contact and the regiment of the recently emergence behavior.This how many kinds of special infringement behavior of does the responsibility undertake what if again?To these right answer of with problem, not only can make the common infringement theories get to turn further and deeply, in the meantime also can help to resolve judicatory to practice a little bit medium difficulty problems. This text will from a different angle carry on to the above problem to discuss completely.